It is estimated that 60,000 deaths and 860,000 occupational illnesses are caused by occupational exposure. In 2010, the Bureau of Labor Statistics (BLS) reported 34,400 skin diseases at a rate of 3.4 injuries every 10,000 employees, as compared to 19,300 respiratory illnesses with a rate of approximately 1.9 illnesses every 10,000 employees. A toxic tort is a legal claim filed for harm that is caused by exposure to a dangerous substance such as a chemical, pesticide, or pharmaceutical drug. While there have been advances in technology, medicine and manufacturing, which have introduced thousands of new products, some of these products – and the substances in them – can cause serious medical problems in humans. Sometimes chemicals that are considered safe turn out to be otherwise. Other times, known dangerous substances accidentally leak into the groundwater or the air. These new chemicals and drugs bring lawsuits, known as toxic tort litigation, which are brought on behalf of groups or individuals who have been exposed to and harmed by life-threatening substances.
Causes of Toxic Torts
In most cases, toxic tort claims arise in contexts which include:
- Occupational exposure – This happens when workers are exposed to high levels of toxins for shorter durations of time or low levels over a prolonged period of time. Lawsuits that are based on workers’ exposure to benzene and asbestos are examples of this type of toxic tort litigation.
- Pharmaceutical drugs – This is when unintended side effects are caused by pharmaceutical drugs. The antidepressants Prozac and Zoloft are some of the drugs that have been the subject of toxic tort lawsuits.
- Home exposure – This is when people ingest or breathe in dangerous substances in their home, such as toxic mold.
- Consumer products – This includes cases when people use products, such as pesticides, that result in unintended medical problems and illness.
Who to Sue
As a rule, plaintiffs in toxic tort litigation typically sue anyone and everyone that could be possibly linked to the dangerous subject in the case. This may include:
- Manufacturers and distributors of chemicals
- Manufacturers and distributors of devices and machines that expose workers to various chemicals
- Leasers or owners of premises where the exposure to toxic chemicals occurred
- Manufacturers of equipment that failed to provide protection from exposure to toxic chemicals
- Companies that stored the toxic substance or chemical
Hiring a Legal Pro
Claims that involve toxic torts are not the type of lawsuits in which you can effectively represent yourself. Such cases have legal and scientific issues that are often sophisticated and complex and require experience and expertise. Depending on your case, you may want to retain the services of an attorney who specialized in toxic tort litigation or the particular toxin in question. If you have been harmed or injured due to exposure to a toxic chemical, you should immediately see the help of an exceptional personal injury attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. We are paid when you are paid. We do not ask for anything up front – we only take a percentage of the final verdict or settlement. We will never settle without your consent. We know how to win cases and how to blow holes in the opposition’s case. We know how to fend off attacks and we know how to gather witnesses and substantial evidence. RMFW Law can deliver a knockout blow or we can go 12 rounds. We have been around the block before. We have seen it all. You want us on your side. We want to make you financially whole again and then some.
